2003-R-190 09/11/2003 02:03 PM
Irnument# 2003-227639
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GRANTING
RESOLUTION NO. 2003-R-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, GRANTING/HENVIN6 A
VARIANCE FROM SECTION 7-324(b) -LOCATION, OF THE
CODE OF ORDINANCES FOR THE LOCATION AT 115
EAST MARION AVENUE; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Pursuant to Section 7-324(b) (Location) of the Code of Ordinances, Thomas J. Kunz
Ov applied for a variance from the requirements contained in Chapter 7 (Buildings and Construction;
Fire Safety), Article IX (Swimming Pools) to allow a 6.5+ foot setback in lieu of the required ten
r (10) foot setback to the rear property line to allow construction of a swimming pool (257' x 12"),
deck and enclosure at 115 East Marion Avenue.
2. The recommendations of the Planning and Building Departments have been
considered and incorporated herein.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
%�n Section 1. The request of Thomas J. Kunz for a variance to construct a swimming pool
\) behind the residence at 115 East Marion Avenue is hereby prang/denied subject to the following
conditions:
a) Upon approval, the variance will not exceed an amount of 3.5± feet, leaving a 6.5±
foot setback from the rear property line in lieu of the required ten (10) foot setback
2003-R-19 1
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requirement for swimming pools.
b)
The concrete deck and pool must be constructed exactly as shown on the "Kunz
Drawing"attached hereto and incorporated herein as Exhibit "A".
c)
A proposed construction plan for the swimming pool, deck and enclosure must be
submitted for review to the Planning and Building Departments indicating all
construction details, elevations and all required information for approval by the City.
d) A Development Order shall be required and issued by the Planning Department prior
to obtaining a building permit.
e) No construction shall be initiated until final approval and permitting completion by
the City.
Section 2.
All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 3.
This resolution shall take effect upon adoption.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
this resolution is as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
2003-R-19
2
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Z rq PASSED AND DULY ADOPTED this 8th day of September, 2003.
u7 N
y ATTEST:
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attomey
Foley & Lardner
2003-R-19
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
RobinIL. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this cS*,
day of September, 2003 under Agenda Item
No.6 8 .
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LEGAL DESCR'1wfON: LOT 16, RIVER HEIGHTS, ACCORDING """"HE MAP RECORDED IN MAP
BOOK 19, PAGE 139, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
NORTH LINE LOT 22 MENDALL'S SUB.
FOUND 1/2" FENCE ALONG
REBAR & CAP LI E
P.S.M.5180
FENCE INSIDE
PROPERTY ry's. 001
FENCE INSIDE/'
PROPERTY 0.3'
FOUND 1/2"
REBAR & CAP
P.S.M.5180
POOL P 0
OT 16 ~5 7)1 /1. I
LOT 15
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13.15'
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FENCE OUTSIDE
PROPERTY 0.2'
13.1'
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1 STORY MASONRY
AND FRAME
RESIDENCE # 115
46.5'
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80
FOUND 1/2"
REBAR & CAP
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EDGE OF PAVEMENT
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GENERAL NOTES:
1. THIS IS AN ASBUIL T SURVEY PERFORMED IN THE FIELD ON 1 JUL 99,
7 JUN 2000
2. UNDERGROUND FEATURES AND/OR UTILITIES HAVE NOT BEEN
LOCATED (UNLESS OTHERWISE NOTED) .
3. DESCRIPTION SHOWN ABOVE HAS BEEN FURNISHED BY CLIENT,
OR REPRESENTATIVES OF CLIENT, NO SEARCH OF PUBLIC RECORDS
HAS BEEN DONE BY THIS OFFICE.
4. SUBJECT TO ANY EASEMENTS,RESTRICTIONS, RESERVATIONS,
RIGHT OF WAYS, EITHER RECORDED, PRIVATE, AND/OR VERBAL.
5.'THIS PROPERTY LIES IN ZONE(S) X PER FLOOD INSURANCE RATE
MAP COMMUNITY PANEL NUMBER 120308 0001 C DATED 6/4/90
PREPARED FOR:
THOMAS JAMES KUNZ
CERTIFIED TO: THOMAS JAMES KUNZ
ISLAND MORTGAGE NETWORK
ASSOCIA TED LAND 71TLE GROUP, INC.
.AN TlTI F lJY:
.- i HERE-8Y CERn..vlHAj'THEABOVE DESciU.8ED SUR\iil' IS AN oPINION OF THE si~G
SUR\'!'!YOlt MD MArPIi1t. ANiJ VAl" 'HiE r()S'TIOH OF THE '..AHDS DESCRIBED ABOVE, IS
TO TIle .'ST CF "" KHOWLEDGE "!'~ ~~ COR';; POSITION A'
(~,f1-<f/;~
RALPH MfJl.SICO ,PROFESSIONAL SUR"_"E\'OR AKI) MAPPER NO. 5110, STATE OF FLORIDAI
17117 AfR PI,ROC ROAD, EDr.awATER FlORIDA., 32132
SURVEY HOT VALID WITHOUT SUP\-'&. 'fvRS SIGNATURE AND EMBOSSED SEAL
20.1'
15.1'
LOT 17
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"'-WOOD FENCE
ON LINE
FINAL:
SF!'"' 8.4C(<
10'"
AI
190h
"'.
00.
FOUND 1/2"
REBAR & CAP
P.S.M.5180
FOUNDATION:
225' (P.) .
/---()
P.R.M. PER PLAT
MONUMENTATION
NOT FOUND
75.00'
EAST MARION AVENUE
30' RIGHT-OF-WAY
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15.1'
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EDGE OF PAVEMENT
LEGEND:
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L.B.
p.e.
P.T.
P.R.C.
P.C.P.
P,R.M.
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RIGHT OF WAY
REBAR AND CAP
IRON PIPE
CONCRETE MONUMENT
LAND SURVEYOR
LICENSED BUSINESS
POINT OF CURVATURE
POINT OF TANGENCY
POINT OF REVERSE CURVATURE
PERMANENT CONTROL POINT
PERMANENT REFERENCE MONUMENT
EDGE OF PAVEMENT
CENTERLINE
EDGe OF WATER
CONC.
A.C.
l.
CONCRETE
AIR CONDITIONER
ARC LENGTH
DELTA
CHORD LENGTH
RADIUS
RADIAL
NOT RADIAL
UTILITY POLE
OVERHEAD UTILITIES
PLAT
MEASURED
DESCRIPTION
RESIDENCE
CONCRETE BLOCK
SCALE:
1"=20'
CH.
R.
RAD.
N.R.
UlP
DIU
P.
M.
D.
RES.
C.B.
DATE: 1 JUL 99/8 JUN 00 REVISED:
FILE NUMBER: 520-99
RALPH DIMARSICO
PROFESSIONAL LAND SURVEYOR AND MAPPER
PHONE: (904) 426-1329, FAX (904) 426-1324
P.O. BOX 702941
NEW SMYRNA BEACH, FLORIDA, 32170